Employment Rights Act 1996

The calculation date

225Rights during employment

(1)Where the calculation is for the purposes of section 30, the calculation date is—

(a)where the employee’s contract has been varied, or a new contract entered into, in connection with a period of short-time working, the last day on which the original contract was in force, and

(b)otherwise, the day in respect of which the guarantee payment is payable.

(2)Where the calculation is for the purposes of section 53 or 54, the calculation date is the day on which the employer’s notice was given.

(3)Where the calculation is for the purposes of section 56, the calculation date is the day of the appointment.

(4)Where the calculation is for the purposes of section 62, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.

(5)Where the calculation is for the purposes of section 69—

(a)in the case of an employee suspended on medical grounds, the calculation date is the day before that on which the suspension begins, and

(b)in the case of an employee suspended on maternity grounds, the calculation date is—

(i)where the day before that on which the suspension begins falls within either the employee’s maternity leave period or the further period up to the day on which the employee exercises the right conferred on her by section 79, the day before the beginning of the maternity leave period, and

(ii)otherwise, the day before that on which the suspension begins.

226Rights on termination

(1)Where the calculation is for the purposes of section 88 or 89, the calculation date is the day immediately preceding the first day of the period of notice required by section 86(1) or (2).

(2)Where the calculation is for the purposes of section 93, 117 or 125, the calculation date is—

(a)if the dismissal was with notice, the date on which the employer’s notice was given, and

(b)otherwise, the effective date of termination.

(3)Where the calculation is for the purposes of section 119 or 121, the calculation date is—

(a)if the employee is taken to be dismissed by virtue of section 96(1), the last day on which the employee worked under her contract of employment immediately before the beginning of her maternity leave period,

(b)if by virtue of subsection (2) or (4) of section 97 a date later than the effective date of termination as defined in subsection (1) of that section is to be treated for certain purposes as the effective date of termination, the effective date of termination as so defined, and

(c)otherwise, the date specified in subsection (6).

(4)Where the calculation is for the purposes of section 147(2), the calculation date is the day immediately preceding the first of the four, or six, weeks referred to in section 148(2).

(5)Where the calculation is for the purposes of section 162, the calculation date is—

(a)if the employee is taken to be dismissed by virtue of section 137(1), the last day on which the employee worked under her contract of employment immediately before the beginning of her maternity leave period,

(b)if by virtue of subsection (5) of section 145 a date is to be treated for certain purposes as the relevant date which is later than the relevant date as defined by the previous provisions of that section, the relevant date as so defined, and

(c)otherwise, the date specified in subsection (6).

(6)The date referred to in subsections (3)(c) and (5)(c) is the date on which notice would have been given had—

(a)the contract been terminable by notice and been terminated by the employer giving such notice as is required by section 86 to terminate the contract, and

(b)the notice expired on the effective date of termination, or the relevant date,

(whether or not those conditions were in fact fulfilled).